4PSA Support Policy

This Support Service Agreement (hereinafter referred to as “Agreement”) is a legal CONTRACT between YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THIS AGREEMENT (hereinafter referred to as "Customer") and Rack-Soft, Inc doing business as 4PSA (hereinafter referred to as "4PSA"), which covers any technical service rendered by 4PSA (hereinafter referred to as "Services").

4PSA agrees, under the following terms and conditions, to provide professional technical services to Customer and Customer agrees to accept such services and pay them in accordance with the quoted prices and payment terms specified below.

Customer shall deliver to 4PSA all necessary information to allow 4PSA to perform the Services and shall respond to any communication from 4PSA regarding the Services. Customer shall perform problem determination and diagnostic activities as may be suggested by 4PSA.

Customer shall provide detailed information in response to 4PSA's requests and agrees that 4PSA cannot and will not provide any Service to the Customer, if the provided information is incomplete, inaccurate, or there are no technical means to provide the Service.

CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE INTEGRITY, ACCURACY, COMPLETENESS, AND RETENTION OF ANY INFORMATION PROVIDED BY CUSTOMER TO 4PSA. WITHOUT LIMITATION OF THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT HE HAS CREATED BACKUP COPIES OF ALL DATA THAT MAY BE AFFECTED BY 4PSA'S PERFORMANCE OF THE SERVICES. 4PSA SHALL NOT BE RESPONSIBLE FOR CREATING BACKUP COPIES OF DATA AND INFORMATION PROVIDED BY CUSTOMER TO 4PSA.

By accepting this Agreement, Customer authorizes 4PSA to begin performance of the Service or to continue performing the Services, if performance of the Services began prior to accepting this Agreement and allowing access to the Customer server. The term of the Agreement shall continue until 4PSA completes the Services to be performed or until either party terminates the Agreement. Either party may terminate this Agreement at any time, without cause, by giving 3 (three) business days advance written notice to the other party of its intent to terminate the Agreement. 4PSA reserves the right to terminate the Agreement without any prior notice, if the Customer proves to be unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, abusive, or racist.

Customer agrees to pay to 4PSA in advance for all Services via card, with Paypal or by wire transfer. All unpaid fees and expenses that have occurred through the date of termination are subject to additional late fees and penalties.

Customer agrees that all payments provided for Services are non-refundable.

Under this Agreement, 4PSA provides Services to Customers and does not sell or license goods, except as expressly provided in a purchase order. 4PSA warrants that it will perform the Services in a workmanlike manner. THE WARRANTY EXPRESSED IN THIS SECTOIN IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY 4PSA. EXCEPT FOR THIS LIMITED WARRANTY, 4PSA MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES TO BE RENDERED BY 4PSA UNDER THIS AGREEMENT, AND 4PSA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH SUCH SERVICES.

4PSA offers a ten days warranty for all non recurring rendered Services. During this warranty period, Customer can request additional information and/or ask 4PSA to fix potential issues occurred due to the performed Services. Software updates released in this ten days warranty period are not covered by this warranty. If a part of the Service was the installation, update, or configuration of a software, Customer may not request updates to newer software versions, if the new version was not publicly available at the date when the service was rendered.

4PSA is not responsible for the hardware or software that is incompatible with the rendered services. Third party software and hardware is not covered by 4PSA's warranty. The warranty refers ONLY to the Services rendered directly by 4PSA.

Customer warrants that the rendering of the Services by 4PSA will not violate the rights of any third party, including, without limitation, intellectual property rights.

Governing Law and Choice of Forum.This Agreement will be governed and interpreted in accordance with the laws of Romania, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated within the location of Bucharest, Romania. Each party, to the maximum extent permitted by law, hereby consents to the jurisdiction and venue of such courts and gives up any objections that such party may now have or hereafter have to the jurisdiction or venue of such courts, on the basis of inconvenient forum or otherwise.

Independent Contractor.4PSA is an independent contractor for all purposes. Neither 4PSA nor its subcontractors, nor the employees or agents thereof, shall be deemed to be employees or agents of Customer. 4PSA may use subcontractors or other third parties of 4PSA's choice to assist 4PSA in rendering the Services hereunder. Nothing herein or in the performance hereof shall imply either o joint venture or principal and agent relationship between the parties, nor shall such a relationship be deemed to have arisen under this Agreement.

Enforceability.If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall remain in full force and effect.

Interpretation.The headings of this Agreement shall not affect the meaning or interpretation of this Agreement and are included only to facilitate its reading.

Force Majeure.Neither party shall have liability for damages or delays in performance due to natural disasters, power surges or failure, strikes or labor disputes, acts of God, war, civil disturbances, acts of civil or military authorities or the public enemy, or other causes beyond either party's control.

Notices.All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and may be sent by: (i) electronic mail or (ii) facsimile. Notices to the Customer shall be sent to the address provided at the Service purchase, or such other address as Customer may designate through notice hereunder. Notices to 4PSA shall be addressed to the company's headquarters, or to the address as 4PSA may designate through notice hereunder. Notices will be deemed communicated upon receipt, provided that receipt of any such notice is verified through commercially reasonable means.

Entire Agreement.This Agreement represents the entire agreement between the parties and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning 4PSA's rendering of the Services to the Customer. By accepting this Agreement Customer allows 4PSA to connect to his server and perform the Services.